Wyle Laboratories, Inc. v. Lewis Mach. Co.

29 F.3d 638 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WYLE LABORATORIES, INC., Plaintiff-Appellant, v. LEWIS MACHINE COMPANY, an Illinois corporation (I); Fastener Engineers, Inc., an Illinois corporation; Lewis Venture Company, an Illinois corporation; Lewis Machine Company, Inc., an Illinois corporation (II); Indiana Insurance Co., an Indiana corporation, Defendants-Appellees. No. 92-56385. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1994. Decided July 22, 1994. Before: HUG, WIGGINS, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 On December 30, 1991, Wyle Laboratories ("Wyle") filed this action alleging breach of contract and seeking to enforce an indemnity provision included in an Asset Purchase Agreement ("Agreement I") entered into between Wyle and Fastener Engineers, Inc. ("FEI"). The Agreement essentially provided that FEI would purchase from Wyle its Lewis Machines Company ("Lewis"), a division of Wyle, and "would assume…